Military fgt overshoots altitude causing air carrier medium large transport to evade.

Attributes
ACN	241708
Time
Date	199305
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : trm
State Reference	CA
Altitude	msl bound lower : 27000 msl bound upper : 28700
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zla
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Operator	other
Make Model Name	Fighter
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : cfi pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 225 flight time total : 11500 flight time type : 7000
ASRS Report	241708
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : overshoot conflict : ground less severe non adherence : required legal separation
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 3000 vertical : 100
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Climbing through FL280 for FL330, a nebound military fgt climbed through their assigned altitude of FL270 and turned more towards the north, crossing our flight path. We made an immediate right turn and stopped our climb at FL287 to avoid hitting the aircraft. First visual contact was made at 12:30 - 1 O'clock position some 2-3 mi ahead with fgt in a high nose up climbing left turn. TCASII showed fgt at closest contact point of 100 ft and we estimated 3000 ft horizontal separation. ZLA confirmed fgt altitude deviation. I feel that one of the solutions to this problem (our company has reported 3 near misses with military aircraft in the last 30 days) is to require military aircraft to use VHF when they are not on a special mission. Too often xmissions are made and missed due to the controllers talking on 2 different frequencys and we can usually hear the xmissions but never the replies from the military aircraft. If we are all out there flying in the same airspace then we all should be talking on the same frequency so we can be more aware of what is going on.

Original NASA ASRS Text

Title: MIL FGT OVERSHOOTS ALT CAUSING ACR MLG TO EVADE.

Narrative: CLBING THROUGH FL280 FOR FL330, A NEBOUND MIL FGT CLBED THROUGH THEIR ASSIGNED ALT OF FL270 AND TURNED MORE TOWARDS THE N, XING OUR FLT PATH. WE MADE AN IMMEDIATE R TURN AND STOPPED OUR CLB AT FL287 TO AVOID HITTING THE ACFT. FIRST VISUAL CONTACT WAS MADE AT 12:30 - 1 O'CLOCK POS SOME 2-3 MI AHEAD WITH FGT IN A HIGH NOSE UP CLBING L TURN. TCASII SHOWED FGT AT CLOSEST CONTACT POINT OF 100 FT AND WE ESTIMATED 3000 FT HORIZ SEPARATION. ZLA CONFIRMED FGT ALTDEV. I FEEL THAT ONE OF THE SOLUTIONS TO THIS PROB (OUR COMPANY HAS RPTED 3 NEAR MISSES WITH MIL ACFT IN THE LAST 30 DAYS) IS TO REQUIRE MIL ACFT TO USE VHF WHEN THEY ARE NOT ON A SPECIAL MISSION. TOO OFTEN XMISSIONS ARE MADE AND MISSED DUE TO THE CTLRS TALKING ON 2 DIFFERENT FREQS AND WE CAN USUALLY HEAR THE XMISSIONS BUT NEVER THE REPLIES FROM THE MIL ACFT. IF WE ARE ALL OUT THERE FLYING IN THE SAME AIRSPACE THEN WE ALL SHOULD BE TALKING ON THE SAME FREQ SO WE CAN BE MORE AWARE OF WHAT IS GOING ON.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.